§ 1971.Creation of interest in real property
Title 2. Of the Kinds and Degrees of Evidence · Chapter 6. Indispensable Evidence · Last amended 1987 · Last verified July 29, 2026
Full Text of § 1971
Plain-English Summary
This section is Chapter 6's headline entry, and it does more work as a rule of evidence than its short text might suggest: it makes a writing indispensable proof for most dealings in real property. No estate or interest in land, and no power over or concerning land, can be created, granted, assigned, surrendered, or declared except in one of two ways: by operation of law, or through a conveyance or other instrument in writing, signed by the person creating, granting, assigning, surrendering, or declaring the interest, or by that person's authorized agent acting under a written authorization.
The one carve-out is short-term leases: a lease for a term of one year or less doesn't need to meet this writing requirement. Everything else touching an estate or interest in real property, longer leases, easements, mortgages, and the like, needs a signed writing or it doesn't happen, regardless of how clearly the parties otherwise agreed.
Frequently Asked Questions
What kinds of real property transactions does Section 1971 require to be in writing?
The creation, grant, assignment, surrender, or declaration of any estate, interest, or power in real property, other than short-term leases.
Is there an exception for short leases?
Yes. A lease for a term not exceeding one year doesn't have to meet this writing requirement.
Can an agent sign on behalf of the party creating or transferring the interest?
Yes, if the agent is authorized in writing to act for that party.
Does this section make oral real estate agreements automatically void?
Section 1972 qualifies this rule, so an oral agreement isn't necessarily worthless if it's been partly performed or falls under an established trust exception.
Amendment History
(Enacted in 1872. Amended by Stats.1986, c. 820, § 19, operative July 1, 1987.)